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[neo26] 24/7/2016 15:30

I dont think Roi requested 3 months wait for authenticity results, the tribunal must go through thousands of documents. Tribunal has to be partial.

But their is fair % of cases getting settled before the Icsid decides. We shall see.

[daddy warbucks] 24/7/2016 15:10

As someone said a while ago. Are the ROI stalling until they get their new arbitration law sorted?Some companies may be watching Churchills case, before deciding whether to start proceedings themselves.If the new law comes in and circumvents the original BITS rules, then if they haven't started, they may have to go to arbitration through the Indonesian courts only.

[neo26] 24/7/2016 14:52

Deb

Another overlapping of licenses, this seems a common occurrence in Indonesia, these arbitration's are really going to hurt them.

It will be Indonesia's best interest to settle CHL dispute before we get verdict on authenticity, their main witness who was the chief instigator failed to back up his statements by not coming. This has been embarrassing for ROi.

But we know Roi have no shame, they prepared to do the dirty to get away with it. Eventually the truth will come out.

[debbiegee] 24/7/2016 12:51

19.4.2016 still looking for lawyer but correct another co wants arbitation with Idonesia ,not sure if started.

Translate

Menteri Keuangan Bambang Brodjonegoro (tengah)menerbitkan Peraturan Menteri Keuangan Nomor 61/PMK.01/2016 tentang Tata Cara Pengadaan Jasa Konsultan hukum Dalam Rangka Penanganan Gugatan Arbitrase Internasional yang Diajukan Oleh Indian Metals & Ferro Alloys Limited.. (CNN Indonesia/Adhi Wicaksono).
Jakarta, CNN Indonesia -- Pemerintah membutuhkan jasa konsultan hukum independen guna menghadapi perusahaan tambang asal India, Indian Metals & Ferro Alloys Limited (IMFA) di Mahkamah Arbitrase Internasional.

Sebelumnya, IMFA menggugat Pemerintah Indonesia ke Mahkamah Arbitrase Internasional setelah tidak bisa berproduksi akibat tumpang tindih penggunaan lahan dengan tujuh Izin Usaha Pertambangan (IUP). Perusahaan tambang batubara berbadan hukum India ini menuntut ganti rugi sebesarRp 7,7 triliun atau setara dengan US$ 581 juta. Gugatan diajukan IMFA ke Mahakamah Arbitrase pada 23 September 2015.

Menanggapi gugatan tersebut, Menteri Keuangan Bambang P.S. Brodjonegoro menerbitkan Peraturan Menteri Keuangan Nomor 61/PMK.01/2016 tentang Tata Cara Pengadaan Jasa Konsultan hukum Dalam Rangka Penanganan Gugatan Arbitrase Internasional yang Diajukan Oleh Indian Metals & Ferro Alloys Limited. PMK tersebut terbit pada 12 April 2016 dan diundangkan pada 13 April 2016.

Dalam beleid tersebut, Menkeu menjelaskan proses seleksi konsultan hukum dilakukan oleh Tim Penanganan gugatan arbitrase, yang dipimpin beranggotakan pimpinan kementerian/lembaga terkait. Sebagai koordinator tim dipercayakan kepada Jaksa Agung.

Bambang menegaskan, calon konsultan hukum yang boleh ikut tender hanya kantor hukum berbadan hukum Indonesia dan mempunya afiliasi dengan kantor hukum asing. Selain itu, calon kantor hukum peserta tender harus bebas dari benturan kepentingan dengan Pemerintah Indonesia.

Ada beberapa tahapan yang harus diikuti oleh seluruh peserta tender, yang dimulai dari penyampaian surat permintaan proposal, penelitian dokumen proposal, tahap presentasi (beauty contest), pemeringkatan, hingga penetapan pemenang.

Selain harus menguasai hukum acara arbitrase internasional, konsultan hukum yang berpeluang untuk menang adalah yang menguasai strategi penanganan perkara di mahkamah arbitrase, serta memiliki hubungan baik dengan pemangku kepentingan terkait di tingkat global mapun nasional.

Kriteria lainnya, " (bisa) menawarkan nilai/besaran jasa hukum Penanganan Gugatan Arbitrase yang wajar dan dapat dinegosiasikan," tulis Menkeu dalam PMK-nya.

Sebagai informasi, gugatan IMFA berawal saat perusahaan tambang India itu mengakuisisi PT Sri Sumber Rahayu India senilai US$8,7 juta pada 2010. PT Sri memiliki IUP batubara di lahan seluas 3.600 hektar di Barito Timur, Kalimantan Tengah (Kalteng), yang diterbitkan oleh Bupati Barito Timur pada 2006.

IMFA kemudian mengaku merugi pasca akuisis karena ternyata bisa melakukan penambangan karena IUP yang dimiliki PT Sri tumpang tindih dengan IUP milik tujuh perusahaan lain. Menurut perhitungan IMFA, potensi pendapatan yang hilang akibat tidak bisa menambang batubara ditambah investasi yang sudah mereka keluarkan mencapai Rp 7,7 triliun.

Gugatan masuk pada 23 September 2015 lalu dan akan mulai sidang pertama pada 6 Desember 2015 dengan tiga orang arbiter yang dipimpin arbiter independen di arbitrase Singapura.‎ Dalam waktu maksimal 2 tahun, arbitrase akan menetapkan keputusan.

Finance Minister Bambang Brodjonegoro (middle) published the Finance Minister Regulation No. 61 / PMK.01 / 2016 on Procedures for Procurement of lawyers in the Context of International Arbitration Claims Handling Proposed By Indian Metals & Ferro Alloys Limited .. (CNN Indonesia / Adhi Wicaksono) ,
Jakarta, Indonesia CNN - The government is requiring the services of an independent legal consultant to confront the mining company from India, Indian Metals & Ferro Alloys Limited (IMFA) at the International Arbitration Court.

Previously, IMFA sued the Government of Indonesia to the International Arbitration Court after out of production due to overlapping land uses with seven Mining Business License (IUP). Coal mining company incorporated in India have demanded compensation sebesarRp 7.7 trillion, equivalent to US $ 581 million. The lawsuit filed IMFA to Mahakamah Arbitration on September 23, 2015.

Responding to the suit, the Finance Minister Bambang P.S. Brodjonegoro Finance issued Decree No. 61 / PMK.01 / 2016 on Procedures for Procurement of lawyers in the Context of International Arbitration Claims Handling Proposed By Indian Metals & Ferro Alloys Limited. The PMK was published on 12 April 2016 and promulgated on April 13, 2016.

, Stated the Minister explained the legal consultant selection process conducted by the team handling arbitration claim, which led consists of chairman of the ministry / agency. As the coordinator of the team entrusted to the Attorney General.

Bambang asserted, the prospective legal consultant who may participate in the tender only law office of Indonesian legal entity and has an affiliation with foreign law offices. In addition, prospective bidders law office must be free of any conflict of interest with the Government of Indonesia.

There are several steps that must be followed by all bidders, which starts from the delivery proposal query letter, research proposal document, the presentation stage (beauty contest), ranking, to determine the winner.

In addition to master international arbitration procedural law, legal consultant with a chance to win is the master strategy of handling cases in court of arbitration, as well as having a good relationship with stakeholders at global level national mapun.

Other criteria, "(can) offer value / amount of legal services Arbitration Claims Handling reasonable and negotiable," wrote the minister in his PMK.

For information, IMFA lawsuit began when it acquired the Indian mining company PT Sumber Sri Rahayu India worth US $ 8.7 million in 2010. PT Sri IUP coal in an area of ​​3,600 hectares in East Barito, Central Kalimantan (Kalimantan), published by Regent Barito Timur in 2006.

IMFA later admitted post-acquisition loss because it can perform as IUP owned mining PT Sri overlap with IUP belonged to seven other companies. According to the calculations IMFA, the potential revenue lost as a result can not mine coal plus investment have they spent to reach Rp 7.7 trillion.

The lawsuit entered on 23 September 2015 and will then begin the first trial on December 6, 2015 with the three arbitrators who led an independent arbiter in arbitration Singapore. Within a maximum of two years, will set the arbitration decision

[debbiegee] 24/7/2016 12:44

The translated version of the Tempo article
Well done Frak at the time nobody could find any other coal dispute in Indonesia
.I searched for further news and will post latest published with this story after.

India Mining Company Sues Indonesia Rp 7.5 Trillion
Tempo / Firman Hidayat


TEMPO.CO, Jakarta - The Indonesian government was sued by mining companies from India, Indian Metals and Ferro Alloys Limited (IMFA) in international arbitration forum at the Permanent Court of Arbitration. The lawsuit arose as a result of overlapping the Mining Business License (IUP). The company is demanding compensation from the government for US $ 581 million or around Rp 7.5 trillion.

Director General of Mineral and Coal at the Ministry of Energy and Mineral Resources, Bambang Gatot Ariyono said the case came from the purchase of PT Sri Sumber Indah Rahayu by IMFA in 2010. PT Sri IUP for coal in Barito Timur, Central Kalimantan.

After their purchase, IMFA apparently can not do mine because IUP of PT Sri no Clean and Clear. "They then sue us Rp 7.5 trillion for not being able to mine in an area of ​​3,600 hectares owned by PT Sri," Bambang said when met at his office on Wednesday, November 18, 2015.

Bambang explained, the IUP issued by regents Barito Timur in 2006. The IUP IUP overlap with seven other companies. "They've IUP stages of production, but there is overlapping with other IUP 7 in the region," he said.

[neo26] 24/7/2016 11:50

WulberThe September timeframe for authenticity result was released after the petromindo news.Imho the news of arbitors resigning is not linked with chl.Well Stephen thinks we have already won and settlement in Aug. I don't mind but its wishful thinking. Roi have no self respect, they will try everything in the book.

[frak] 24/7/2016 11:18

How can we be sure it's not one of the arbitrators in this case?

"The lawsuit was entered on 23 September 2015 and will begin the first trial on December 6, 2015 by 3 arbitrators led by independent arbitrators in arbitration Singapore. Within a maximum of two years, will set the arbitration decision."

[debbiegee] 24/7/2016 07:16

The headline was seen before the 3 month wait was announced.
3 momths is not enough time for new arbiter to reach decision probably.
It was longer than we expected.

It would be the kind of time given to see if parties could settle.

On the other hand what kind of news service shows headlines only but charges over $1.000 to subscribe ?
I too would have thought icsid would have announced by now if true.

Again many IFS but WHEN and HOW MUCH is the most important.

[wulber] 24/7/2016 04:43

They need to appoint immediately if this is the case and don't be surprised if this delays proceedings

[neo26] 23/7/2016 22:44

I emailed Icsid a while back and asked them this question. They told me to follow the case by looking in their website.

If he had resign, something would have been released. Imho

[bobic] 23/7/2016 22:35

Why not email or ring our CEO whether Hwang has resinged?This should be out and open for share holders interest.

[debbiegee] 23/7/2016 21:35

Yes a lot of IFS but most believe WHEN AND HOW MUCH !

[neo26] 23/7/2016 21:26

Debbie

I'm happily invested here, but I don't believe he has resigned. Otherwise it would have been mentioned on the Icsid website or somewhere else, if petromndo had the news why didn't other outlets.

I'm looking forward to hearing verdict on authenticity case in sept as this will be a "game changer" for shareholders and chl. Once this has been settled its a question of how much chl will receive and not "if" they will...

[debbiegee] 23/7/2016 21:04

1.

06/17/2016 Indonesia’s arbiter in coal dispute case resigns

[found in archive]


Guys its too hot to debate !
This is all we have
An arbiter works in arbitration and we are the only coal dispute in Indonesia in arbitration ?
It says Indonesias arbiter has resigned to me that means Hwang
[whatever his name is]
Nobody could come up with any other reasoning at the time but the story could not be read in full or verified.


We then read how long it would take to appoint another and speculation was that if another had to be appointed they could not possibly say they would have a result by September.
Some of us then thought if they already unofficially had the result and we had to wait 3 months for it to be officially announced perhaps both sides had been given a chance to negotiate an out of court settlement.

Make of it what you will its your money !!!

Im invested and relaxeing every afternoon on the beach

[neo26] 23/7/2016 21:00

OK I leave you to it.

But you have deflected from answering the question.

[stephen1946] 23/7/2016 20:45

No further interest, too busy.

[neo26] 23/7/2016 20:37

Stephen

Not arguing if you have any evidence or links proving arbitors has resigned then please provide it.

[stephen1946] 23/7/2016 20:32

Neo26, no comment.

[stephen1946] 23/7/2016 19:50

Neo26,

Post 5563 posted by neo 26, i think that poster had lost the plot.

Anyway petromindo published the difficult to access info, and I DID SAY IT HAD NEVER BEEN CLARIFIED BY ANYONE.

dont remember mentioning a bride or a groom for that matter, or maybe i missed something?

I also said the parties get to pick an arbitor of their choice, one for each side, icsid pick the chairman, nobody works for icsid actually, icsid just adjudicate like any court.

[neo26] 23/7/2016 19:21

Stephen

I think you have lost the plot, Hwang didn't work for Roi he worked for Icsid.

Just like in court case the lawyers can have an say on the jury, this doesn't mean they will work for them.

I have yet to see anywhere that Hwang has resigned..

If he did resign,maybe he took a bribe? Not saying he did. But we don't know if he has resigned, officially.

[oggyrocks] 23/7/2016 16:51

Looking good here. Have also invested in SXX this week as see chl bring stuck in this trading range for next couple of weeks. SXX Chart looks good & have just had final port approval. Might be worth a look. Lots of pi on that one. Chl still my biggest holding.

[daddy warbucks] 23/7/2016 15:18

Stephen,Do you have some info to say Mr Hwang has resigned from a tribunal?